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{
    "id": 836336,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/836336/?format=api",
    "text_counter": 222,
    "type": "speech",
    "speaker_name": "Maara, JP",
    "speaker_title": "Hon. Kareke Mbiuki",
    "speaker": {
        "id": 79,
        "legal_name": "Japhet M. Kareke Mbiuki",
        "slug": "japhet-kareke-mbiuki"
    },
    "content": "(1) That the smell emanating from LDK was a nuisance and disrupted residents’ activities. (2) The residents who have occupied houses in this property stated that the smell affected women, especially the expectant ones, and this could lead to serious complications during pregnancy. (3) The residents indicated that they were slum dwellers who had no voice. They were suffering and needed help of the Committee and the House for a healthier environment. (4) They indicated that London Distillers Kenya (LDK) Ltd should not be allowed to continue doing something wrong simply because they had been doing so for the last 30 years. (5) They also indicated that it was difficult to explain to children why the smell was persistent in the morning and in the evening. The residents also informed the Committee that there was an aspect of negligence in the law of strict liability that provides that if you keep anything in your compound that is likely to cause mischief to others, you have a responsibility to keep it under check. In this case, they were not referring to pets. They were talking about the bad smell or discharge emanating from London Distillers Kenya Limited. The law, therefore, presumes you are answerable and the responsibility is squarely on the person causing the menace, hence the strict liability is on LDK Ltd to contain its waste. (6) Finally, the residents informed the Committee that although the Environmental Management and Co-ordination Act was put in place in recent years, it did not exonerate one from taking responsibility. At the same time, the Committee had a sitting with the Director-General of NEMA, one, Prof. Geoffrey Wahungu. He appeared before the Committee on Tuesday, 20th March 2018. He informed the Committee as follows: (i) LDK Ltd was established in 1982 on plot No.12867/16/18/19/20. This was before EMCA and NEMA were established. However, it was built in an area marked for industrial development. Its activities involve recycling of molasses into alcoholic beverages which lessen the environmental impact of molasses as it is evidenced elsewhere. (ii) The Director-General of NEMA informed the Committee that on 21st October 2018, Erdermann Property Kenya Limited submitted an Environmental Impact Assessment study for issuance of Environment Impact Assessment (EIA) licence for the Great Wall Development Estate by the Authority. It was issued with EIA license No. NEMA/EIA/PSL/2534. (iii) NEMA had since received several complainants of environmental pollution by LDK Ltd from the proprietors of Erdermann Property Limited as indicated below. I would like to give a sequence of the complaints which have been filed by Erdermann Property Kenya Limited, among others. On 19th April 2016, the Authority investigated allegations of environmental pollution by LDK Ltd and noted that the facility was connected to the Export Processing Zone A. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}